Ajit Kukreja v. Chhattisgarh State Election Commission

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No.

Ajit Kukreja S/o Shri Anand Kukreja Aged About 45 Years R/o Shyam Nagar, Raipur, Chhattisgarh.

---- Petitioner

Versus

1. Chhattisgarh State Election Commission Through Secretary, Near D.K.S. Bhavan (Old Mantralaya) Raipur, Chhattisgarh.

2. Collector And District Election Officer (Local Election) District Raipur, Chhattisgarh.

3. Nagarpalika Nigam Through Commissioner Raipur, Chhattisgarh.

4. Rajiv Yadav Former Consular Ward No. 43, Mother Teresa Nagar, R/o Mother Teresa Nagar, Raipur, Chhattisgarh. Mob No. 9669766797, Chhattisgarh ---- Respondents For Petitioner :

Mr. T.K. Tiwari, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

For Respondent No.1 :

Mr. Rahul Kumar, Advocate on behalf of Mr. R.S. Marhas, Advocate For Respondent No.3 :

Mr. Atul Kumar Kesharwani, Advocate on behalf of Mr. V.R. Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 18/11/2019

1. The limited grievance that the petitioner has raised in the present writ petition is in respect of the voter list that has been prepared by the respondents No.2 & 3 in respect of the local elections that are to be held in the near future.

2. The contention of the petitioner is that originally the petitioner was a resident of ward No.47 and subsequent to the delimitation and the wards have been segregated and two additional wards have been created i.e. ward Nos. 48 & 49 and the name of the petitioner stands reflected in ward No.49 along with some other persons. Whereas the petitioner and similarly other placed persons whose name appear in the voter list of ward No.49 are not in fact residents of ward No.49, but are

residents of ward No.48 and therefore names should had been reflected in the voter list of ward No.48. According to the petitioner, they have already approached the concerned authorities for correction of the voter list. That, the respondent No.1-the State Election Officer has already issued a direction to the respondent no.2-the Collector for taking appropriate steps for correction of the voter list that has been complained of by the petitioner and other persons. Though the order of the respondent No.1 was dated 21.10.2019, but till date no appropriate steps seems to have been taken by the Collector.

3. The petitioner is apprehending the publication of the election process very soon and thereby the petitioner would find it difficult to exercise his right to vote in the ward in which he resides.

4. Given the facts that there is already an order passed by the respondent No.1 to the Collector and that the said order was passed almost about a month back, this Court is of the opinion that let the respondent No.1 take an appropriate decision in this regard within a period of 3 days from the date of receipt of the copy of this order.

5. Let the petitioner apprise the respondent No.2 so far as the order passed by this Court is concerned.

6. It is expected that the respondent No.2 shall make all endeavors in getting the complaint of the petitioner redressed in accordance with law applicable within 3 day's time.

7. Certified copy today.

Sd/- (P. Sam Koshy) Judge Ved